Ndung’u appeals to stop tender fraud case

What you need to know:

  • Prof Ndung’u also says the matter was generalised, yet he had sought a specific request from the High Court to simply stop his prosecution.

The governor of the Central Bank of Kenya now claims that the High Court erred by allowing his prosecution on what he terms non-existent crimes.

In his appeal, Prof Njuguna Ndung’u faults Mr Justice George Odunga for allowing his prosecution on claims of an irregular Sh1.2 billion surveillance security tender award at CBK to a UK-based information technology company.

His lawyer Donald Kipkorir said Prof Ndung’u was being prosecuted over a procurement process that was completed after a ruling was made by the Public Procurement Administrative Review Board.

GENERALISED

He further argues that High Court Judge Weldon Kipkorir had ruled that the tender awarded to Horsebridge Ltd was to be finalised, and even absolved the CBK boss of the fraudulent allegations.

Prof Ndung’u also says the matter was generalised, yet he had sought a specific request from the High Court to simply stop his prosecution.

“The judgment is bad in law, as the same court has given incoherent and contradicting rulings on similar facts, thus taking away legitimacy of its decision. It is narrow, opportunist and oppressive,” says Mr Kipkorir.

The judge erred in law in allowing the anti-corruption agency, the public prosecutor, police and AG to arrest and charge him without legal and factual substance, he said.